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Default Text;}}{\info{\title SEPARATION AGREEMENT}{\author NA}{\keywords NA}{\operator NA}{\creatim\yr2000\mo1\dy26\hr16\min32}{\revtim\yr2000\mo1\dy26\hr16\min32}{\version2}{\edmins0}{\nofpages1}{\nofwords2194}{\nofchars12086}{\*\company NA}
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\widctlpar\faauto\rin0\lin201\itap0 \fs24\lang1033\langfe1033\cgrid\langnp1033\langfenp1033 {\b SEPARATION AGREEMENT
\par SUPPORT AND CUSTODY }{
\par }\pard \s15\ql \li187\ri0\sl360\slmult1\widctlpar\faauto\rin0\lin187\itap0 {
\par
\par This agreement is made _________ (}{\i Month & Day}{), ____ (Y}{\i ear}{), between _________
\par __________ (}{\i Name of Husband}{), residing at _________________________ (}{\i Address}{) here referred to as husband, and _______________________ (}{\i Name of Wife}{), residing at _______________________________________ (}{\i Address}{
), here referred to as wife.
\par
\par
\par RECITALS
\par
\par }{\i Husband and wife recite and declare that:}{
\par
\par They were married on _________ (}{\i Month & Day}{), _____ (}{\i Year}{) in ________________ (}{\i Location}{ }{\i and}{ }{\i Address}{) and since have been and now are husband and wife.
\par
\par As the result of disputes and unhappy differences occurring and persisting between them, they have been separated and living apart since __________ (}{\i Month & Day}{), _____ (}{\i Year}{) or have agreed to an immediate and permanent separation.
\par
\par A proceeding for dissolution of marriage is now pending or will shortly be filed by _________________ in __________________ (}{\i Court}{ }{\i and}{ }{\i Location}{).
\par
\par ___________ (}{\i Number}{) children have been born to the parties of the marriage and are now living. They are listed as follows:
\par
\par _______________________________________\tab \tab ______________
\par }{\i Name}{ \tab \tab \tab \tab \tab \tab \tab }{\i Age}{
\par
\par _______________________________________\tab \tab ______________
\par }{\i Name}{ \tab \tab \tab \tab \tab \tab \tab }{\i Age}{
\par
\par _______________________________________\tab \tab ______________
\par }{\i Name}{ \tab \tab \tab \tab \tab \tab \tab }{\i Age}{
\par
\par _______________________________________\tab \tab ______________
\par }{\i Name}{ \tab \tab \tab \tab \tab \tab \tab }{\i Age}{
\par
\par
\par }{\i (If appropriate, add: The following named children of the parties are fully emancipated and no provision for the custody or support of such children is required or is made in this agreement.)}{
\par
\par The parties intend, and it is the purpose of this agreement, to provide fully for the custody, support, maintenance, and education of their __________ (}{\i Child or Children}{
); to memorialize the separation of the parties, and to remain permanently apart.
\par
\par }{\i (If appropriate, add: and to make a complete and final settlement o
f all claims that husband/wife may have against husband/wife for alimony, support and maintenance and provide fairly and adequately for him/her support and maintenance, and to provide for the equitable and fair division of the common/community property of
the parties).}{
\par
\par To insure the full information and advice of each party, each of them has retained and has been represented by independent legal counsel in connection with the negotiations for and the drafting of this agreement: _______________________________________ (}
{\i Wife\rquote s Attorney}{), of _____________________________________________ (}{\i Address}{) has represented wife, and _________________________________________________ (}{\i Husband\rquote s Attorney}{), of _________________________________________ (
}{\i Address}{), has represented husband.
\par In consideration of the foregoing recitals and the mutual covenants and agreements of the parties, they agree as follows:
\par
\par 1.\tab }{\i LIVING SEPARATE AND APART}{
\par
\par 1.1\tab The parties may and shall hereafter live separate and apart, each free from all dominion, restraint and control by the other, whether direct or indirect, as fully as if unmarried.
\par
\par 1.2\tab Each party may hereafter reside at such place or places as he or she may select.
\par
\par 2.\tab }{\i NO MOLESTATION OR INTERFERENCE}{
\par
\par 2.1\tab Neither party shall molest or interfere with the other nor compel or attempt to compel the other to cohabit or dwell with him or her, by any means whatsoever, by legal action or otherwise.
\par
\par 3.\tab }{\i DIVISION OF PROPERTY}{
\par
\par 3.1\tab The property, both real and personal, owned by either of the partie
s at the time of their marriage or subsequently acquired, separately or together, and owned by the parties or either of them at the time of their separation has previously been equitably divided and apportioned between them as follows: ___________________
________
\par ___________________________________________________________________
\par ___________________________________________________________________
\par ___________________________________________________________________.
\par
\par 3.2\tab The parties ratify and confirm that division and apportionment.
\par
\par
\par 4.\tab }{\i SEPARATE PROPERTY}{
\par
\par Each party shall retain, have and enjoy, independently of any claim, right or demand of the other party, all property of every kind, nature and description and whatsoev
er situated that is now owned or held or is hereafter acquired by him or her, or stands in his or her name.
\par
\par 5.\tab }{\i RELEASE OF ESTATE RIGHTS}{
\par
\par 5.1\tab Each party releases all right to share in the estate of the other party, or to serve as personal representative of the estate of the other party, except only as provided by will or codicil executed after the date of this agreement.
\par
\par 6.\tab }{\i SUPPORT AND MAINTENANCE OF SPOUSE}{
\par
\par 6.1\tab }{\i Husband or Wife}{ shall pay to }{\i husband or wife}{ as and for }{\i his or her}{ necessary support and maintenance, and }{\i husband or wife}{ shall accept in full settlement and satisfaction of }{\i his or her}{
right, claim and demand for such support, maintenance and alimony against}{\i husband or wife}{, the following amounts: ______________________
\par ___________________________________________________________________
\par ___________________________________________________________________
\par ________________________________________ (}{\i Support}{ }{\i Schedule}{ }{\i and}{ }{\i Conditions}{).
\par
\par 7.\tab }{\i DEBTS AND OBLIGATIONS}{
\par
\par 7.1\tab Each of the parties shall pay all debts incurred by him or her after the date of this agreement and shall indemnify the other party against liability therefor.
\par
\par 7.2\tab }{\i Husband or Wife}{ shall pay debts incurred by }{\i him or her}{ or by }{\i husband or wife}{ or by the part
ies jointly prior to the date hereof, including the following: ____________ ____________________________________________________________________
\par ____________________________________________________________________
\par ____________________________________________________________________
\par }{\i (Itemize debts of both parties including amount, nature of obligation and payee of}{ }{\i each). }{
\par
\par }{\i (If appropriate, add: Husband or Wife represents that he or she had made a full disclosure to husband or wife of all debt
s and obligations incurred by him or her and in his or her name prior to the date hereof and that all such unpaid debts and obligations are included in the foregoing list}{).
\par
\par 8.\tab }{\i CHILD CUSTODY}{
\par
\par 8.1\tab }{\i Husband or Wife}{ shall have the sole care, custody and control of the following named children of the marriage:
\par
\par _______________________________________\tab \tab ______________
\par }{\i Name}{ \tab \tab \tab \tab \tab \tab \tab }{\i Age}{
\par
\par _______________________________________\tab \tab ______________
\par }{\i Name}{ \tab \tab \tab \tab \tab \tab \tab }{\i Age}{
\par
\par _______________________________________\tab \tab ______________
\par }{\i Name}{ \tab \tab \tab \tab \tab \tab \tab }{\i Age}{
\par
\par and the named children shall reside with }{\i him or her}{. Such care, custody and control shall continue with respect to each child until the child reaches majority or sooner becomes emancipated, subject, however, to the visitation provisions set
forth in this agreement.
\par
\par 9.\tab }{\i CHILD CUSTODY-PLACE AND CONDITION OF RESIDENCE}{
\par
\par 9.1\tab }{\i Husband or Wife}{ shall not remove any of the unemancipated children to a permanent residence outside the State of ____________________ without }{\i husband or}{ }{\i wife}{'}{\i s }{prior writte
n consent or prior approval of a court of competent jurisdiction on due hearing and notice.
\par
\par }{\i 9.2\tab Husband or Wife}{ and the children are now residing at ______________________ ______________________________ (}{\i Address}{), }{\i Husband or Wife}{ shall at all times keep }{\i husband or wife}{
informed of the residential address of the children in }{\i his or her}{ custody, and their location during vacation and holiday periods if they will be away from their normal residence for more than ________ days in succession.
\par
\par 10.\tab }{\i CHILD CUSTODY-VISITATION RIGHTS}{
\par
\par }{\i 10.1\tab Husband or Wife}{ shall have the right to visit the children, individually or together, at their place of residence with }{\i husband or wife}{ at reasonable times and at reasonable intervals; and to have the children, or any of them, acco
mpany }{\i him or her}{ from their place of residence at reasonable times and for reasonable periods provided that }{\i he or she}{ shall not keep any of the children away from their residence later than __________ (}{\i Time of Day}{
) on any such occasion, without }{\i husband or wife}{'}{\i s}{ prior consent.
\par
\par 10.2\tab }{\i Husband or Wife}{ shall have the privilege of having the children, or any of them, visit }{\i him or her}{ at }{\i his or her}{ residence and stay with}{\i him or her}{
not more often than _______ per calendar month or as the case may be and on weekends and during holiday periods for not to exceed ______ hours or as the case may be.
\par
\par 10.3\tab During such periods when the children or any of them are with }{\i husband or wife}{
\par }{\i he or she}{ may take them on short journeys as }{\i he or she}{ may choose and they may desire, provided that}{\i he or she}{ shall not without the prior consent of __________ }{\i husband or wife}{ take them from this state.
\par
\par 10.4\tab }{\i Husband or Wife}{ shall make prior arrangements with }{\i husband or wife}{ for each of such weekend or holiday visit at least _____ days prior to the commencement thereof.
\par
\par 10.5\tab The rights of visitation expressed in this section shall not be exercised by }{\i husband or wife}{ at any time or in such a manner as to interfere with the education and normal social and school activities of any of the children.
\par
\par 10.6\tab The parties may freely agree to any different arrangements for exercise of the visitation rights of}{\i husband or wife}{ from time to time, as future exigencies and t
he welfare of the children may require, but no such substitute or additional privilege shall be deemed to amend this agreement, unless expressed in writing and signed by the parties.
\par
\par 10.7\tab Each of the parties shall at all times in good faith endeavor to maintain in all the children respect and affection for the other party.
\par
\par 11.\tab }{\i CHILD CUSTODY CONSULTATION CONCERNING EDUCATION,}{
\par }{\i HEALTH AND WELFARE OF CHILDREN}{
\par
\par 11.1\tab Notwithstanding}{\i his or her}{ general custody of the children, }{\i husband or wife}{ shall confer with}{\i husband or wife}{
from time to time with respect to the welfare of the children, or any of them, and particularly as to educational, health and disciplinary matters of a substantial nature, such as, by way of examples, during the serious i
llness or prior to a scheduled operation of any of the children, or in connection with the selection of a college for the higher education of any of the children.
\par 11.2\tab It shall at all times be the objective of both parties to decide all questions affecting each of their children in such manner as to promote the welfare, happiness and well-being of the children.
\par
\par 12.\tab }{\i SUPPORT AND MAINTENANCE OF CHILDREN}{
\par
\par 12.1\tab }{\i Husband or Wife}{ shall pay to }{\i husband or wife}{ for the support, maintenance, care and education of each child in }{\i his or her}{ custody ________ Dollars per month, beginning ___________ (}{\i Month & Day}{), _____ (}{\i Year}{).
\par
\par 12.2\tab On the occurrence of the first to occur of any of the following events with respect to each child, the obligation of }{\i husband or wife}{ to pay
support for that child shall terminate at the end of the month in which such event occurs: (1) the death of the child; (2) the attainment of the child's twenty-first birthday; or (3) an emancipation event as defined in Section 13.
\par
\par 12.3\tab The obligation of }{\i husband or wife}{ for support and maintenance of the children in the custody of }{\i husband or wife}{
as provided in this section, shall be separate from all other obligations contained in this agreement and shall continue as obligations of and charges against }{\i husband or wife's}{ estate on}{\i his or her}{
death, to the extent and for the period that such obligation shall be in force and effect at the time of}{\i his or her}{ death.
\par
\par 13.\tab }{\i SUPPORT AND MAINTENANCE OF CHILDREN-EMANCIPATION}{
\par }{\i EVENTS}{
\par
\par 13.1\tab For the purposes of this agreement, a child in the custody of }{\i husband or wife}{ shall become emancipated on the occurrence of any one of the following events:
\par
\par 13.1.1\tab The valid marriage of the child;
\par
\par 13.1.2 \tab The full and permanent employment of the child gainfully and for a reasonable living wage, excluding vacation and seasonal employment of a temporary nature;
\par
\par 13.1.3\tab The induction, enlistment or entry on active duty in the Armed Services of the United States for a term of service of not less than one year.
\par
\par 13.1.4\tab The emancipation of any child shall be postponed beyond the event that would otherwise result in his or her emancipation, if, at the time of such event, the child is enrolled as a full-time student in an accredited institution of higher lea
rning. instead, the emancipation event for any such child shall be the date of the child's graduation from that institution. provided, however, the emancipation of any child shall not be extended beyond the child's twenty-third birthday.
\par
\par 14.\tab }{\i SPOUSES ATTORNEY FEES}{
\par
\par }{\i 14.1\tab Husband or Wife}{ shall pay }{\i husband or wife's}{ attorney for __________ (his or her) services rendered and to be rendered to }{\i him or her}{ in connection with the preparation of this agreement and advice with respect to }{\i
his or her}{ rights and obligations. }{\i Husband or wife}{ agrees that such payment shall fully and finally discharge any right or claim }{\i he or}{ }{\i she}{ may have against }{\i husband or wife}{
for reimbursement of expenses for all such legal services rendered to }{\i him or her}{.
\par
\par 15.\tab }{\i EFFECT OF DIVORCE OR DISSOLUTION OF MARRIAGE}{
\par
\par 15.1\tab This agreement shall not be construed in any measure as a consent to or condonation of a divorce in favor of either party or dissolution of marriage, but this agreement shall not be a bar to an action for divorce or a proceeding
for dissolution of marriage previously or hereafter filed.
\par 15.2\tab If a judgment or decree of divorce or dissolution of marriage is entered in any action or proceeding therefor, this agreement and in particular the provisions for the custody and support of t
he children of the parties shall, if the court approves, be incorporated in, merged with, and become a part of such judgment or decree.
\par }{\i (If appropriate, add: and for the support and maintenance of husband or wife)}{
\par
\par 16.\tab }{\i EXECUTION OF NECESSARY INSTRUMENTS}{
\par
\par 16.1\tab Each party shall hereafter execute all instruments necessary to carry out the terms of this agreement.
\par
\par 17.\tab BINDING EFFECT OF AGREEMENT
\par
\par 17.1\tab This agreement shall be binding on the parties and their respective heirs, personal representatives and assigns.
\par
\par In witness whereof, each party to this agreement has caused it to be executed at _____________________________ (}{\i Place of Execution}{) on the date indicated below.
\par
\par ______________________________\tab \tab _____________________
\par Signature of Husband\tab \tab \tab \tab Date
\par
\par ______________________________\tab \tab _____________________
\par Signature of Wife\tab \tab \tab \tab \tab Date
\par
\par ______________________________\tab \tab _____________________
\par Signature of Husband's Attorney \tab \tab \tab Date
\par
\par ______________________________\tab \tab _____________________
\par Signature of Wife's Attorney \tab \tab \tab Date
\par }}